Ms Fyrarie Johnstone v Represented by: Mr B Allen - Friend Piranha Pedi Ltd — 2022

At the cloud video hearing on 23 May 2022 before Employment Judge S MacLean, the tribunal dealt only with a preliminary issue in Ms Fyrarie Johnstone’s case against Piranha Pedi Ltd: whether she was a disabled person within s.6 Equality Act 2010 at the relevant time. The judgment records that the wider proceedings included disability discrimination, unfair dismissal and other payments, but those substantive claims were not decided in this judgment.

The tribunal accepted that the claimant had a mental impairment, namely anxiety and depression, and that she had been on antidepressant medication for some time. It reviewed her medical history and her evidence about stressors, medication, and her day-to-day activities. The tribunal noted that she drove to work, gave colleagues lifts, worked conscientiously, cared for her children, did some housework, walked the dog, and shopped with friends or colleagues, although she said she had difficulty going to shops alone and using public transport.

Applying the functional test in s.6 EqA 2010 and the statutory guidance, the tribunal found that the evidence did not show a substantial adverse effect on day-to-day activities. While on medication, her activities were not shown to be more than trivially affected. When the tribunal considered what her position would have been without medication, it found there was insufficient reliable evidence, including no medical evidence, to determine that stopping antidepressants would have produced a substantial adverse effect. The tribunal therefore held that she was not a disabled person within the meaning of s.6 at the relevant time and said the associated disability discrimination and unfair dismissal matters were to be listed for further case management and a final hearing.